Semi Truck Accident Attorney in Fairfield Warns Us of Drunk Truck Drivers

Given the large size and weight of trucks coupled with the growing population, truck accidents are fairly common. In fact, in one minute, there are over three fatal truck accidents in the United States. Unfortunately, a large majority of them occur in rural parts of California. There are many causes of truck accidents, such as dangerous road conditions, distracted driving, unanticipated changes in traffic, etc.

Some accidents, however, are the result of impaired ability caused by the use of drugs or alcohol. A study by the National Transportation Safety Board in conjunction with the National Institute on Drug Abuse found that of 168 fatally injured truck drivers, one or more drugs was detected in 67% of them. Cannabis or alcohol were detected in 14% of these drivers. If the driver is fatigued, as they often are, the use of drugs or alcohol has an even more severe effect on their capabilities as a driver.

We’ve all heard the dangers of driving under the influence. Truck drivers should be held to a much higher standard due to the size and weight of the vehicles they operate. If you have been injured or know someone who has been injured in a truck accident caused by drugs or alcohol, speak with a semi truck accident attorney in Fairfield immediately.

Federal law has a zero tolerance policy for drinking and driving while operating a commercial vehicle. Commercial trucks are much larger than a typical car and may contain dangerous materials, increasing the potential for serious damage in the case of a collision. For this reason, trucking companies and individual drivers are held to a higher standard and tighter restrictions have been placed on their actions behind the wheel.

Driving a truck is a very stressful job given the dangerous nature of the work and the tight schedule most drivers are on. Because of this stress and the long hours, some drivers resort to drugs or alcohol to alleviate their stress. Sitting for long hours can also be very uncomfortable, causing individuals to self-medicate. There is never an excuse for someone to get behind the wheel while under the influence. If you have suffered pain, injuries and financial loss, you may be entitled to compensation. Speak with a semi truck accident attorney in Fairfield for legal help.

Vehicle accidents in general can cause an assortment of injuries. Because of their size, trucks can cause much more severe injuries including:

  • Broken bones
  • Paralysis
  • Death
  • Concussion
  • Internal organ damage
  • Traumatic brain injury

Federal law requires trucking companies to test their employees at several points to be sure they aren’t abusing drugs or alcohol. Truckers go through extensive background checks as well as a pre-employment drug screening. They are subject to random drug tests during employment and at any time they are suspected to be abusing drugs or alcohol. Following a serious collision, truck drivers are tested for drugs or alcohol. Some of the substances they are tested for are:

  • Alcohol
  • Cannabis
  • Cocaine
  • Opiates
  • Amphetamines
  • PCP

It is federally illegal to drive with a BAC of 0.08% or higher if you are over the age of 21. Each state has additional laws to combat drunk driving. In California, these laws include:

  1. Code 23152(d) lowers the acceptable amount of alcohol in a commercial driver’s blood from 0.08% for the general population to 0.04%
  2. Code 15210 states that even refusing to take a drug or alcohol test per a police request is grounds to charge that individual with a DUI
  3. Code 23153(d) states it is illegal to drive with a blood alcohol content of 0.04% while simultaneously behaving in a negligent or unlawful way (such as speeding), that causes harm.

In order the prove the driver is guilty of a DUI, you must prove the driver holds a commercial license AND violates one of the above three laws. If you have been injured because of a drunk truck driver, speak with a semi truck accident attorney in Fairfield who can help prove your case.

In the case of a collision with a commercial vehicle, a plaintiff may seek damages for medical expenses, lost wages, pain, suffering and mental anguish. In the case that the truck driver was under the influence of alcohol or another drug, it is possible to also seek punitive damages. Punitive damages are fines applied to a defendant found guilty as a form of punishment for their actions. These damages are awarded to the plaintiff in an attempt to reform the behavior of the defendant and to deter the party from repeating whatever action was deemed legally dubious.

In the case that a commercial truck driver is convicted of a DUI, their license could be suspended, they could face up to a year in jail and a $1,000 fine. Trucking companies are responsible for the behavior of their employees and may also have some liability.

What to Do If You’re In a Collision

Directly after a collision, the first idea a person has isn’t usually legal battles. It’s important to act quickly and prudently to protect yourself and prevent a big trucking company from taking advantage of you and minimizing the compensation you receive. If you experience a collision with a commercial truck, it’s important to contact a knowledgeable and dedicated semi truck accident attorney in Fairfield to get the compensation you deserve. Immediately after an accident, take the following precautions when applicable:

  1. Tell police on the scene if you suspect the driver could be on drugs or alcohol
  2. Watch for disposal of any evidence of drug or alcohol use, such as beer cans
  3. Be sure to notice exactly who was driving in the case that there are multiple people in the truck
  4. Get a copy of the police report
  5. Contact a lawyer!

Speak With A Semi Truck Accident Attorney in Fairfield For Your Legal Needs

The injuries and financial burdens can cause lifetime pain and suffering. If you have been injured due to a truck driver’s negligent behavior in driving under the influence, don’t wait a second longer to speak with a semi truck accident attorney in Fairfield who can represent you in court and get you the compensation you deserve.

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    Hiring the Choyce Law Firm was the best decision I made while trying to decide what to do after getting charged with a 3rd DUI. I tried to use a lawyer that I had previously used when in trouble with the law, he was near retirement and wasn’t able to give my case the attention I was looking for understanding that I was facing jail time. When contacting Mr Choyce we discussed my case and he told me he could help, he even knew my previous attorney. Mr Choyce was aggressive in fighting my case with filing motions on my behalf an trying to get my case dismissed, I was very pleased that he was not just looking to get the first deal the D.A. offered but was aggressively trying to win my case. Although we were not able to get the dismissal we were looking for he was able to keep me out of jail an I was able to serve my sentence on the EHD Program, which allowed me to keep my job an that was very important to me. Mr Choyce also handled a second case for me, I was charged with driving on a suspended license and no registration. Once again Mr Choyce was aggressive with this case and took it to trail an was able to get a not guilty verdict, which saved me a great deal of money in fines that would be pending with a guilty verdict. Overall hiring Mr Choyce and his team was the best decision I made, he provided great service at a respectable rate, an explained things as they were happening and with the charges I was facing I was very happy with the outcome of my cases that he handled. I would strongly recommend Mr Choyce and his team to anyone I know that needs legal representation he knows the law and will provide you with the best service you could hope for form a lawyer that wants to win.

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    “This is my second time using Mr. Choyce, and I would choose no one other than him. Both times that I hired him, it was for my son, and they were very serious cases. Mr. Choyce is smart, professional, practical, and relatable. He is a serious person, who listens, speaks in laymens terms, so that you understand what is going on. Not like some that I have experience, who talk over you, and dont take the time to really answer your questions.The second case got very close to going to trial, however, I was confident that I had the best of the best representing my son. Thank God that after willing to go to trial, we got a deal that, I think was a win win.I would definitely, without a question, hire Mr. Choyce again!”

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